sec.205Information to be given to interested persons

sec.205 Information to be given to interested persons

This section provides for the giving of information by the body corporate for a community titles scheme from the body corporate’s records to an interested person. Within 7 days after receiving a written request from the interested person accompanied by the fee prescribed under the regulation module applying to the scheme, the body corporate must do either or both of the following as requested by the interested person— permit the person to inspect the body corporate’s records— if the person and the body corporate agree on a way to inspect the records—in accordance with the agreement; or otherwise—in person at a reasonable time and place nominated by the body corporate; give the person a copy of a record kept by the body corporate— if the person and the body corporate agree on the way the copy will be given—in accordance with the agreement; or otherwise—in the way prescribed under the regulation module applying to the scheme. Maximum penalty—20 penalty units. However, the body corporate is not required to allow a person to inspect or obtain a copy of a part of a record under subsection (2) if the body corporate reasonably believes the part contains defamatory material. An interested person may ask the body corporate for a certificate under this section (a body corporate certificate ) giving financial and other information about a lot included in the scheme. The request must be in writing and accompanied by the fee prescribed by the regulation module applying to the scheme. Within 5 business days after receiving the request, the body corporate must give the person a body corporate certificate in the approved form for the lot. Maximum penalty—20 penalty units. A person who obtains a body corporate certificate may rely on the certificate against the body corporate as conclusive evidence of matters stated in the certificate other than to the extent to which the certificate contains an error that is reasonably apparent. An interested person may ask the body corporate for stated financial information, of the type included in the approved form for a body corporate certificate, about a lot included in the scheme. The request must be in writing and accompanied by the fee required by the body corporate. The fee required under subsection (9) must not be more than the amount payable under subsection (5) for a request for a body corporate certificate for the lot. Within 5 business days after receiving the request, the body corporate must give the person the requested financial information. Maximum penalty—20 penalty units. A person who obtains financial information under this section may rely on the information against the body corporate as conclusive evidence of the information other than to the extent to which the information contains an error that is reasonably apparent. In this section— interested person , for a lot included in a scheme, means— an owner of the lot; or a mortgagee of the lot; or a buyer under a contract for the sale of the lot; or a person to whom an owner of the lot has given a disclosure statement under the Property Law Act 2023 , section 99 (1) (a) ; or another person who satisfies the body corporate of a proper interest in the information sought by the person under this section; or an agent of a person mentioned in any of paragraphs (a) to (e) . s 205 amd 2003 No. 6 s 64 ; 2007 No. 11 s 17 ; 2011 No. 9 s 26 ; 2023 No. 29 s 24 ; 2023 No. 27 s 263 (sec.205-ssec.1) This section provides for the giving of information by the body corporate for a community titles scheme from the body corporate’s records to an interested person. (sec.205-ssec.2) Within 7 days after receiving a written request from the interested person accompanied by the fee prescribed under the regulation module applying to the scheme, the body corporate must do either or both of the following as requested by the interested person— permit the person to inspect the body corporate’s records— if the person and the body corporate agree on a way to inspect the records—in accordance with the agreement; or otherwise—in person at a reasonable time and place nominated by the body corporate; give the person a copy of a record kept by the body corporate— if the person and the body corporate agree on the way the copy will be given—in accordance with the agreement; or otherwise—in the way prescribed under the regulation module applying to the scheme. Maximum penalty—20 penalty units. (sec.205-ssec.3) However, the body corporate is not required to allow a person to inspect or obtain a copy of a part of a record under subsection (2) if the body corporate reasonably believes the part contains defamatory material. (sec.205-ssec.4) An interested person may ask the body corporate for a certificate under this section (a body corporate certificate ) giving financial and other information about a lot included in the scheme. (sec.205-ssec.5) The request must be in writing and accompanied by the fee prescribed by the regulation module applying to the scheme. (sec.205-ssec.6) Within 5 business days after receiving the request, the body corporate must give the person a body corporate certificate in the approved form for the lot. Maximum penalty—20 penalty units. (sec.205-ssec.7) A person who obtains a body corporate certificate may rely on the certificate against the body corporate as conclusive evidence of matters stated in the certificate other than to the extent to which the certificate contains an error that is reasonably apparent. (sec.205-ssec.8) An interested person may ask the body corporate for stated financial information, of the type included in the approved form for a body corporate certificate, about a lot included in the scheme. (sec.205-ssec.9) The request must be in writing and accompanied by the fee required by the body corporate. (sec.205-ssec.10) The fee required under subsection (9) must not be more than the amount payable under subsection (5) for a request for a body corporate certificate for the lot. (sec.205-ssec.11) Within 5 business days after receiving the request, the body corporate must give the person the requested financial information. Maximum penalty—20 penalty units. (sec.205-ssec.12) A person who obtains financial information under this section may rely on the information against the body corporate as conclusive evidence of the information other than to the extent to which the information contains an error that is reasonably apparent. (sec.205-ssec.13) In this section— interested person , for a lot included in a scheme, means— an owner of the lot; or a mortgagee of the lot; or a buyer under a contract for the sale of the lot; or a person to whom an owner of the lot has given a disclosure statement under the Property Law Act 2023 , section 99 (1) (a) ; or another person who satisfies the body corporate of a proper interest in the information sought by the person under this section; or an agent of a person mentioned in any of paragraphs (a) to (e) .